TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Licensed by the Law Society of OntarioFlat fees published upfrontWe reply to messages within 1 business daySign in
Home/Articles/Wills & Estates
№ 22 Wills & Estates

How Does an Inheritance Affect ODSP in Ontario? Spending Rules

Learn how an inheritance counts as income and assets for ODSP in Ontario, what the asset limits are, and how a trust may help protect your benefits.

Wills & Estates4 min readTSLBy the Treadstone Law Team · OntarioUpdated November 13, 2026
← All articles
Key takeaways
  • You must report any inheritance you receive or expect to receive to ODSP.
  • An inheritance is generally treated as income in the month you receive it, and what is left the next month is generally treated as an asset.
  • A trust may keep part or all of an inheritance from counting as an asset for ODSP, but a recipient cannot put their own inheritance into an absolute discretionary (Henson) trust to avoid the $100,000 limit.

Getting an inheritance can be good news and stressful news at the same time if you receive the Ontario Disability Support Program (ODSP). You may worry that the money will reduce or end your benefits, and you may be tempted to spend it quickly to avoid that.

This article explains how ODSP generally treats an inheritance, what the asset limits are, and how a trust may change the picture. Caseworkers apply the rules case by case and the rules can change, so confirm your own situation before you spend or move any money.

You must report an inheritance, even one you only expect

ODSP recipients must report any inheritance they receive or expect to receive. That includes an inheritance that has not yet been paid out, for example while an estate is still being settled.

Reporting early matters. Waiting until after the money arrives, or after you have spent it, can make it harder to explain what happened and what is left.

How the money is counted: income first, then assets

An inheritance is generally treated as income in the month it is received, and any amount left the following month is generally treated as an asset.

The asset limits are $40,000 for a single person and $50,000 for a couple, plus $500 for each dependant other than a spouse. If the money you keep pushes you over the limit that applies to you, your eligibility can be affected.

HouseholdAsset limit
Single person$40,000
Couple$50,000
Each dependant other than a spouseAdd $500

These figures come from ODSP policy and can change, so check the current amounts with your caseworker.

Spending the money: what is and is not covered here

People often ask for a list of approved expenses. Whether a particular purchase is acceptable, and how ODSP treats it, depends on your circumstances and on how your caseworker applies the policy. Do not assume that spending quickly solves the problem.

Before you spend a large amount, ask ODSP in writing how that spending will be treated. Keep receipts for everything you buy or pay off, and keep records of the inheritance itself.

Trusts can change how an inheritance is treated

If an ODSP recipient puts an inheritance or life insurance proceeds in a trust, up to $100,000 is exempt as an asset. That $100,000 is a combined limit on the trust capital plus the cash surrender value of any life insurance policies the recipient owns. Recipients may be given up to six months to set up the trust.

A trust where the trustee has absolute and sole discretion over payments is not an asset for ODSP, so its capital can exceed $100,000. However, a recipient cannot put their own inheritance into such a trust to avoid the limit.

Payments from a trust to a recipient for any purpose are exempt as income up to $10,000 in a 12-month period, provided an annual report of all trust transactions is filed. Other payments count as income in the month received.

What to do next

Frequently asked questions

Do I have to tell ODSP about an inheritance I have not received yet?

Yes. ODSP recipients must report any inheritance they receive or expect to receive. Reporting early gives you time to plan.

Will an inheritance be counted as income?

Generally it is treated as income in the month you receive it, and any amount left the following month is generally treated as an asset. How this applies to you depends on your situation.

Can I put my inheritance in a trust to protect it?

Up to $100,000 placed in a trust may be exempt as an asset, within a combined limit that includes the cash surrender value of life insurance policies you own. A recipient cannot put their own inheritance into an absolute discretionary trust to avoid the limit.

Can I just spend the money before ODSP finds out?

That is risky. You must report an inheritance you receive or expect to receive. Talk to your caseworker or a lawyer before spending a large amount.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

This is a wills & estates question

Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.

ContactStart a File →